PLAN 2016-2022 DRAFT COUNTY DEVELOPMENT
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Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment TABLE OF CONTENTS 1 INTRODUCTION....................................................................................................................... 1 1.1 LEGISLATIVE CONTEXT ........................................................................................................... 1 1.2 STAGES OF APPROPRIATE ASSESSMENT .................................................................................... 2 2 SCREENING ............................................................................................................................. 4 2.1 DÚN LAOGHAIRE RATHDOWN COUNTY DEVELOPMENT PLAN ...................................................... 4 2.1.1 Plan Vision, Policies and Objectives ................................................................. 5 2.2 APPROACH TO AA SCREENING ............................................................................................... 7 2.2.1 Strategic Environmental Assessment .............................................................. 7 2.3 OVERVIEW OF EXISTING ENVIRONMENT ................................................................................. 12 2.3.1 Natura 2000 Sites........................................................................................... 12 2.3.2 Other Natural Heritage .................................................................................. 13 2.3.3 Water Quality................................................................................................. 13 2.3.4 Hydrogeology ................................................................................................. 15 2.3.5 Water Supply and Wastewater Facilities ....................................................... 16 2.3.6 Surface Water Management / Flood Protection ........................................... 16 2.3.7 Existing Threats and Pressures ...................................................................... 17 3 BRIEF DESCRIPTION OF NATURA 2000 SITES ...........................................................................18 4 POLICY AREAS WITH POTENTIAL FOR SIGNIFICANT IMPACT ...................................................30 4.1 APPROACH TO IMPACT ASSESSMENT ..................................................................................... 30 4.2 POTENTIAL SIGNIFICANT EFFECTS ON NATURA 2000 SITES ....................................................... 30 5 DIRECT, INDIRECT OR SECONDARY IMPACTS ..........................................................................32 5.1 DIRECT IMPACTS................................................................................................................ 32 5.1.1 Greenways and Cycleways ............................................................................. 32 5.2 INDIRECT IMPACTS ............................................................................................................. 33 5.2.1 Watercourses ................................................................................................. 33 5.2.2 Hydrogeological features ............................................................................... 33 5.2.3 Water Supply and Wastewater Facilities ....................................................... 34 5.2.4 Transport ....................................................................................................... 35 5.2.5 Development at ‘The Gut’ ............................................................................. 35 5.2.6 Leisure Facilities ............................................................................................. 35 5.2.7 Renewable Energy ......................................................................................... 36 5.2.8 Natural Heritage Policies ............................................................................... 36 MDE1172RP0001A02 i
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment 5.3 CUMULATIVE AND IN‐COMBINATION IMPACTS ....................................................................... 41 6 LIKELY CHANGES TO NATURA 2000 SITES ...............................................................................43 7 ELEMENTS OF THE PLAN WITH POTENTIAL FOR SIGNIFICANT IMPACTS ..................................45 8 SCREENING CONCLUSIONS AND STATEMENT .........................................................................46 9 FINDING OF NO SIGNIFICANT EFFECTS REPORT MATRIX .........................................................47 LIST OF FIGURES Figure 3.1 ‐ Natura 2000 sites within a 15km range of Dún Laoghaire‐Rathdown County Development Plan Boundary............................................................................................ 26 Figure 3.2 ‐ River and Stream Networks within Dún Laoghaire‐Rathdown County Development Plan Boundary .................................................................................................................. 27 Figure 3.3 ‐ Arrows show Sections of South Dublin Bay & River Tolka Estuary SPA Extending Across County Development Plan Boundary.................................................................... 28 Figure 3.4 ‐ Arrows Indicate Slight Sections of South Dublin Bay cSAC Intersecting County Development Plan Boundary............................................................................................ 28 Figure 3.5 ‐ Arrow shows Intersection of Knocksink Wood cSAC across County Development Plan Boundary .......................................................................................................................... 29 Figure 3.6 ‐ Ballyman Glen cSAC Intersecting County Development Plan Boundary .......................... 29 LIST OF TABLES Table 2.1 ‐ Suggested Policy Wording for Inclusion into the draft County Development Plan ........... 8 Table 2.2 ‐ Rivers flowing through Dún Laoghaire ‐ Rathdown Catchment Area (EPA and WFD Status Report 2007 ‐ 2009) ............................................................................................... 14 Table 3.1 ‐ cSACs within 15km of Dún Laoghaire‐Rathdown County Boundary ................................ 18 Table 3.2 ‐ SPAs within 15km of Dún Laoghaire‐Rathdown County Boundary .................................. 21 Table 4.1 ‐ Policy Areas with Potential for Significant Impacts .......................................................... 31 Table 6.1 ‐ Likely Effects on Natura 2000 Sites .................................................................................. 43 MDE1172RP0001A02 ii
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment 1 INTRODUCTION This report comprises information in support of screening for an Appropriate Assessment of the Draft County Development Plan for Dún Laoghaire 2016‐2022 in line with the requirements of Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora; the Planning and Development Act 2000 (as amended); and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011). 1.1 REPORT LAYOUT This report is presented as follows: Chapter 2 provides a description of the draft Dún Laoghaire County Development Plan 2016‐ 2022; a description of the approach of the AA screening; and an overview of the existing environment of Dún Laoghaire, including the existing threats and pressures; Chapter 3 provides a brief description of the Natura 2000 sites both within Dún Laoghaire County itself, and within a 15 kilometre radius; Chapter 4 summarises the policy areas with potential for significant impacts; Chapter 5 describes the policies with potential for significant impacts; Chapters 6 summarises the likely changes to Natura 2000 sites; Chapter 7 summarises the elements of the plan with potential for significant impacts; Chapter 8 provides the screening conclusion; and Chapter 9 sets out the Finding of No Significant Effects matrix. 1.2 LEGISLATIVE CONTEXT The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, better known as the “Habitats Directive”, provides legal protection for habitats and species of European importance. Articles 3 to 9 provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU‐wide network of sites known as Natura 2000. These are Special Areas of Conservation (cSACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/ECC) as codified by Directive 2009/147/EC. Articles 6(3) and 6(4) of the Habitats Directive set out the decision‐making tests for plans and projects likely to affect Natura 2000 sites (Annex 1.1). Article 6(3) establishes the requirement for Appropriate Assessment (AA) as follows: Any plan or project not directly connected with or necessary to the management of the [Natura 2000] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. MDE1172RP0001A02 1
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment The County Development Plan is not directly connected with or necessary to the management of the Natura 2000 sites in the Plan area. However, it does include, inter alia, measures to protect, conserve and manage the County’s natural heritage in a prudent and sustainable manner, including Natura 2000 sites, and to seek its enhancement where appropriate and feasible. Article 6(4) states: If, in spite of a negative assessment of the implications for the [Natura 2000] site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, Member States shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. These articles together with the National Regulations (S.I. No. 477/2011) mean that where the implementation of the Plan has potential to have a significant effect on a Natura 2000 site, the relevant Local Authority (in this case Dún Laoghaire‐Rathdown County Council) must ensure that an appropriate assessment is carried out in view of that site’s conservation objectives. The Plan can only be approved by Dún Laoghaire‐ Rathdown Council if it has been ascertained that it will not adversely affect the integrity of the Natura 2000 site(s) concerned, or in the case of a negative assessment and where there are no alternative solutions, the plan can only be approved for reasons of overriding public interest. 1.3 STAGES OF APPROPRIATE ASSESSMENT The AA process progresses through four stages. If at any stage in the process it is determined that there will be no significant effect on the integrity of a Natura 2000 site in view of the sites conservation objectives, the process is effectively completed. The four stages are as follows:‐ Stage 1 – Screening of the proposed plan or project for AA; Stage 2 – An appropriate assessment of the proposed plan or project; Stage 3 – Assessment of alternative solutions; and Stage 4 – Imperative Reasons of Overriding Public Interest (IROPI)/ Derogation. Stages 1 and 2 relate to Article 6(3) of the Habitats Directive; and Stages 3 and 4 to Article 6(4). Stage 1: Screening The aim of Stage 1, ‘Screening’ is to determine whether or not the proposed plan or project is likely to adversely affect the integrity of any Natura 2000 site and to determine whether or not Stage 2, the AA, is required. This is done by examining the proposed plan or project; and the conservation objectives of any Natura 2000 sites that might potentially be affected. MDE1172RP0001A02 2
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Stage 2: Appropriate Assessment The aim of Stage 2 is to identify any adverse impacts that the plan or project might have upon the integrity of relevant Natura 2000 sites. As part of the assessment, a key consideration is ‘in combination’ with other plans or projects. Where adverse impacts are identified, the AA will propose changes to the plan or project that would avoid, reduce or remedy any such negative impacts and the plan or project should then be amended accordingly, thereby avoiding the need to progress to Stage 3. Stage 3: Assessment of Alternative Solutions If it is not possible during the Stage 2 assessment to reduce impacts to acceptable, non‐significant levels by avoidance and/or mitigation, Stage 3 of the process must be undertaken, which is to objectively assess whether alternative solutions exist by which the objectives of the plan or project can be achieved. Explicitly, this means alternative solutions that do not have negative impacts on the integrity of the Natura 2000 site. The process must return to Stage 2 as alternatives will require assessment in order to proceed. Demonstrating that all reasonable alternatives have been considered and assessed, and that the least damaging option has been selected, it is necessary to progress to Stage 4. It should also be noted that EU guidance on this stage of the process states that, ‘other assessment criteria, such as economic criteria, cannot be seen as overruling ecological criteria’ (EC, 2002). In other words, if alternative solutions exist that do not have negative impacts on Natura 2000 sites; they should be adopted regardless of economic considerations. Stage 4: Imperative Reasons of Overriding Public Interest (IROPI)/ Derogation This stage of the AA process is undertaken when it has been determined that negative impacts on the integrity of a Natura 2000 site will result from a plan or project, but that no alternatives exist. At this stage of the AA process, it is the characteristics of the plan or project itself that will determine whether or not the competent authority can allow it to progress. This is the determination of ‘over‐ riding public interest’. It is important to note that in the case of Natura 2000 sites that include in their qualifying features ‘priority’ habitats or species, as defined in Annex I and II of the Directive, the demonstration of ‘over‐ riding public interest’ is not sufficient, and it must be demonstrated that the plan or project is necessary for ‘human health or safety considerations’. Where plans or projects meet these criteria, they can be allowed, provided adequate compensatory measures are proposed. Stage 4 of the process defines and describes these compensation measures. MDE1172RP0001A02 3
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment 2 SCREENING Dún Laoghaire‐Rathdown covers an area of 125 km2 to the south of Dublin City. The County consists of extensive suburban areas as well as agricultural lands. Land uses mainly comprise residential, commercial and industrial, with agricultural uses mainly occurring in the southern half of the County. Along the east of the County there is approximately 17 kilometres of coastline, which includes beaches cliffs and marshes. 2.1 DÚN LAOGHAIRE RATHDOWN COUNTY DEVELOPMENT PLAN The draft County Development Plan sets out Dún Laoghaire‐Rathdown County Council’s policies for the continuing sustainable development of the County for the period 2016 to 2022. The Draft Plan has been prepared in accordance with the requirements of the Planning and Development Act 2000 (as amended). The Act sets out the mandatory requirements which must be included in a Development Plan. These include the objectives and zoning of land, the provision of infrastructure, the conservation and protection of the environment, and the integration of planning and sustainable development with the social, community and cultural requirements of the area and its population. It is also required that a Core Strategy is prepared, which, as far as is practicable, is consistent with the National Spatial Strategy and the Regional Planning Guidelines. This document concentrates on the draft County Development Plan and the potential for impacts on Natura 2000 sites within the administrative area and within a 15km range of the County Development Plan boundary, arising from implementation of policies, objectives and zonings. Under section 9 of the Planning and Development Act 2000, every planning authority must make a development plan, setting the Framework for all future development in the planning authority’s area for the stated period, for the whole functional area of the authority every six years. In the context of the Dún Laoghaire‐Rathdown County Council, the draft County Development Plan sets out the policies for the continuing sustainable development of the County for the period 2016 – 2022. The Dún Laoghaire‐Rathdown County Development Plan 2016‐2022, which relates to the entire functional area of the Authority, will, when adopted, replace the current 2010‐2016 County Development Plan. The draft Plan has been prepared in accordance with the requirements of the Planning and Development Act 2000 (as amended). Section 10 of the Planning and Development Act 2000 ‐ 2010 (as amended) Act sets out the mandatory requirements which must be included in a Development Plan. The County Development Plan consists of: The Written Statement – the main policy document A volume of supporting Appendices County Zoning Maps Strategic Environmental Assessment Report Appropriate Assessment Screening Report MDE1172RP0001A02 4
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment The Planning and Development (Amendment) Act 2010 introduces the requirement for an evidence‐ based “Core Strategy” to be incorporated as part of the County Development Plans. The primary focus of the Core Strategy is on residential development and in ensuring that there is an acceptable balance between the supply of zoned, serviced land for residential development and the projected demand for new housing, over the lifetime of the Plan. In this respect, two key datasets are examined: Housing Land Availability Study (Supply of zoned land) Regional Planning Guidelines for the GDA (Population Targets) The County Development Plan sets the scale, location and nature of new development areas but it is other mechanisms such as Local Area Plans and Strategic Development Zones that provide the crucial detail for creating sustainable neighbourhoods. The draft County Development Plan for Dún Laoghaire‐Rathdown County Council includes the provision for a range of statutory Local Area Plans and one Strategic Development Zone highlighted in the plan. 2.1.1 County Development Plan Vision, Policies and Objectives The overall vision in the County Development Plan is for the County to achieve three goals by 2022: 1. To deliver Ireland’s best quality of residential life by 2022. Every resident in every community and village will share in this. 2. To co‐ordinate and facilitate economic actors towards achieving full employment in sustainable, meaningful jobs by 2022. 3. To support and sustain economic and natural resources of Regional significance to 2022 and beyond. Further to the overall vision, the written statement contains vision statements, policies and objectives in relation to the following: Strategic Overview Vision: To continue to facilitate appropriate levels of sustainable development predicated on the delivery of high quality community, employment and recreational environments ‐ allied to the promotion of sustainable transportation and travel patterns ‐ but all the while protecting Dún Laoghaire–Rathdown’s unique landscape, natural heritage and physical fabric, to ensure the needs of those living and working in the County can thrive in a socially, economically and environmentally sustainable manner. Sustainable Communities Strategy Vision: To develop sustainable and successful communities across the County both through the continuing consolidation and redevelopment of the established built up areas, and the promotion of new, compact mixed–use urban villages optimally located in greenfield areas well served by existing or planned public transport networks and where residents will be within walking distance of supporting social and community infrastructure – including shops, services, employment opportunities, schools and leisure facilities. MDE1172RP0001A02 5
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Enterprise and Employment Strategy Vision: To encourage, support and facilitate further sustainable employment creation, economic growth and business development across a range of sectors ‐ including retailing ‐ by strengthening existing employment areas and revitalising town and district centres, by focusing on appropriate business support mechanisms and by capitalising upon the many inherent advantages available to the County – as evidenced by its economic profile – to improve the overall attractiveness of Dún Laoghaire–Rathdown as a vibrant place in which to set up and do business. Green County Strategy Vision: To promote and develop a coherent and integrated green infrastructure network across Dún Laoghaire–Rathdown which will secure and enhance biodiversity ‐ including the protection of Natura 2000 sites ‐ provide readily accessible parks, open spaces and recreational facilities, maintain historic and landscape character areas and provide for the sustainable management of water through facilitating the retention and development of a network of green spaces in urban and countryside locations to serve the needs of all citizens and communities in the County. Physical Infrastructure Strategy Vision: To continue protecting both the environment and the citizens of Dún Laoghaire– Rathdown through the provision of high quality, resilient environmental infrastructure and by aspiring to a carbon–neutral County through the promotion of resource preservation and energy efficiency and through the application of considered climate change mitigation policies for the duration of this Development Plan and beyond. At a more strategic level, and where considered necessary and appropriate, the Council will promote and champion the development of evidence ‐ based climate change adaptation systems targeted at moderating the negative effects of climate change. Built Heritage Strategy Vision: To ensure that the protection and conservation of the outstanding architectural and archaeological built heritage of Dún Laoghaire–Rathdown forms an integral and component part in the continuing sustainable development of the County and that this valuable, and in many instances non‐renewable, resource continues to be safeguarded through proper management, sensitive enhancement and appropriate development and re‐development. Community Strategy Vision: To promote social inclusion and enhanced ‘quality of life’ through integrating the continued sustainable growth and planning of Dun Laoghaire‐Rathdown with its social and community development by ensuring the retention, provision and maintenance of well considered and appropriate levels of social, community and cultural infrastructure readily accessible to all citizens of, and visitors to, the County. Principles of Development Vision: To ensure that all new development and redevelopment proposals in the County adhere to the principles of good urban design and contribute to the delivery of a ‘sense of space’, through the promotion of a high quality built environment utilising considered design and development standards. The orderly and sustainable delivery of new developments, of many diverse types and scales, will be realised through the application of the various standards and objectives embedded in the Development Plan via the Development Management process and adherence to the overarching Land Use Zoning imperatives. Specific Local Objectives Vision: To initiate and/or give effect to the package of Specific Local Objectives within the lifetime of the 2016‐2022 County Development Plan. MDE1172RP0001A02 6
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Chapter 10 of the County Development Plan contains a vision statement in relation to Strategic Environmental Assessment and Appropriate Assessment as follows: To ensure that the implementation of the various policies, objectives, projects and actions embedded in the County Development Plan will have no likely significant effect on the environment nor will they adversely effect the integrity of any Natura 2000 site. 2.2 APPROACH TO AA SCREENING The preparation of this Plan has been an iterative process and this assessment has been used to inform the development of appropriate policies and objectives commencing at the early stages of the Plan review. As a proactive measure, prior to compilation of the draft County Development Plan, the AA team provided protection policies to the Plan team to ensure that protection policies for the Natura 2000 network within and in the vicinity of the County boundary were interwoven into the fabric of the plan (Table 2.1 ‐ Suggested Policy Wording for Inclusion into the draft County Development Plan). In addition, other policies including those relating to water supply, waste water, surface water drainage and groundwater were provided to ensure the protection of supporting features, including water quality. As a result, the draft Dún Laoghaire County Development Plan contains numerous policies and objectives focussed on the protection of the Natura 2000 Network, which will contribute to the conservation of Natura 2000 sites in accordance with the requirements of the Habitats Directive. Following this initial proactive step, the Plan team developed draft policies and objectives. The AA team has reviewed all policies and objectives for potential to impact on the identified Natura 2000 sites in the administrative area and within 15km. In many cases, the objectives and policies are general measures which have no specific potential for impacts, however a small number present potential for impact and these have been further considered in this Screening Report. 2.2.1 Strategic Environmental Assessment Strategic Environmental Assessment (SEA) is a process for evaluating, at the earliest appropriate stage, the environmental effects of plans or programmes before they are adopted. It also gives the public and other interested parties an opportunity to comment and to be kept informed of decisions and how they were made. An early consideration of environmental concerns in the planning process creates an opportunity for environmental factors to be considered explicitly alongside other factors such as social, technical or economic aspects. The European Directive (2001/42/EC) on the Assessment of the Effects of Certain Plans and Programmes on the Environment (the SEA Directive), was transposed into national legislation through S.I. 435/2004 and S.I. 436/2004 as amended by S.I. 200/2011 and S.I. 201/2011. The draft County Development Plan will undergo SEA in a parallel process to the screening for Appropriate Assessment. MDE1172RP0001A02 7
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Table 2.1 ‐ Suggested Policy Wording for Inclusion into the draft County Development Plan Included Within the POLICIES AND OBJECTIVES Final Draft County Development Plan General Overarching Policy/ Objectives The Council will ensure that any plan/project and any associated works, individually Yes‐ included as an or in combination with other plans or projects, are subject to Appropriate overarching policy in Assessment Screening to ensure there are no likely significant effects on the integrity the Introduction and (defined by the structure and function) of any Natura 2000 site(s) and that the the Landscape, requirements of Article 6(3) and 6(4) of the EU Habitats Directive are fully satisfied. Heritage and Where a plan/project is likely to have a significant effect on a Natura 2000 site or Biodiversity chapters. there is uncertainty with regard to effects, it shall be subject to Appropriate Assessment. The plan/project will proceed only after it has been ascertained that it will not adversely affect the integrity of the site or where, in the absence of alternative solutions, the plan/project is deemed imperative for reasons of overriding public interest, all in accordance with the provisions of Article 6(3) and 6(4) of the EU Habitats Directive.’ It is recommended that this policy is included in the strategic policy section at the front of the County Development Plan and again in relevant chapters throughout the County Development Plan. Biodiversity and Natural Heritage Conserve, enhance and manage the County’s natural heritage including its Yes‐ Section 4.1.3.1 biodiversity, landscapes and geological heritage and promote understanding of and sustainable access to it. Protect the ecological integrity of proposed Natural Heritage Areas (pNHAs), Natural Yes‐ Section 4.1.3.1 Heritage Areas (NHAs), Statutory Nature Reserves, Refuges for Fauna and Annex I habitats. Ensure that all plans and projects in the County which could, either individually or in Yes‐ included as an combination with other plans and projects, have a significant effect on a Natura 2000 overarching policy in site (or sites) will be subject to Appropriate Assessment Screening. the Introduction and the Landscape, Heritage and Biodiversity chapters, Section 4.1.3.2, 8.2.2(v) and 8.2.9.4. To ensure that a Natura Impact Statement (NIS) is produced once Appropriate Yes‐ included as an Assessment (AA) screening has indicated likely significant effects on the integrity, overarching policy in defined by the structure and function, of any Natura 2000 sites. the Introduction and the Landscape, Heritage and Biodiversity chapters, Section 4.1.3.2, 8.2.2(v) and 8.2.9.4. To promote the maintenance and, as appropriate, the achievement of favourable Yes‐ Section 4.1.3.4 conservation status of Natura 2000 sites and their associated habitats and species, in association with the National Parks and Wildlife Service (NPWS). To promote the approach of an Integrated Biodiversity Impact Assessment (IBIA) Yes‐ Section 4.1.3.1 where suited as an efficient framework in order to streamline biodiversity consideration while assessing environmental impacts within the SEA, EIA and AA objectives, targets and indicators. MDE1172RP0001A02 8
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Included Within the POLICIES AND OBJECTIVES Final Draft County Development Plan To support the National Parks and Wildlife Service (NPWS) and Department of Yes‐ Section 4.1.3.1 Environment, Community and Local Government (DECLG) in the maintenance and, as appropriate, the achievement of favourable conservation status for the habitats and species to which the EU Habitats Directive applies. To consult with the National Parks and Wildlife Service (NPWS) when undertaking, Yes‐ Section 8.2.7.1 approving and authorising development which is likely to affect plant, animal or bird species protected by law. In the event of a proposed development impacting on a site known, or likely to be, a breeding or resting site of species listed in Habitats Regulations a derogation licence, issued by the Department of Environment, Community and Local Government (DECLG) will be required in advance of a permission. To ensure the implementation of the EU Freshwater Fish Directive and its No transposition into Irish legislation in order to protect any fish and shellfish habitat in the County Development Plan area. Invasive non‐native plant and animal species (Alien Species) can represent a major Yes‐ Section 4.1.3.11 threat to local, regional and national bio‐diversity. They can negatively impact on native species, can transform habitats and threaten whole ecosystems causing serious problems to the environment and the economy. The Council is committed to controlling invasive species and will monitor public lands such as open spaces, verges and river valleys for such species. However, vigilance is required by all landowners as invasive species can spread quickly across boundaries. Preventative measures include ensuring that good site hygiene practices are employed for the movement of materials into, out of and around the site and ensuring that imported soil is free of seeds and rhizomes of key invasive plant species. Suggest that this goes in to the Heritage and Biodiversity section of the County Development Plan. To implement measures to control and manage alien / invasive species (e.g. Japanese Yes‐ Section 4.1.3.1 knotweed, giant hogweed, Himalayan balsam, etc.) and noxious weeds (e.g. ragwort, thistle, dock, etc.) within the County Development Plan. To ensure the monitoring and control of EIA sub‐threshold development within the Yes‐ Section 8.2.9.3 County Development Plan through the document Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding sub‐threshold development (DEHLG, 2003) with specific reference to the requirement of Appropriate Assessment (AA) screening. Article 10 Yes‐ Section 4.1.3.6 Article 10 of the Habitats Directive states that; ‘Member States shall endeavour, where they consider it necessary, in their landuse planning and development policies and, in particular, with a view to improving the ecological coherence of the Natura 2000 network, to encourage the management of features of the landscape which are of major importance for wild fauna and flora. Such features are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional systems for marking field boundaries) or their function as stepping stones (such as ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species.’ Many habitats of conservation concern particularly designated sites are linked to the surrounding landscape by natural and manmade features, such as water courses (rivers, streams, canals and drainage ditches), hedgerows, treelines, roads and railways. Therefore, areas of conservation concern must not be considered in isolation, their linkages and buffer zones must also be protected to ensure the continued migration of species and genetic diversity throughout the entire area. MDE1172RP0001A02 9
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Included Within the POLICIES AND OBJECTIVES Final Draft County Development Plan Issues related to connectivity, including maintaining and establishing connections between protected areas, play an integral role in land‐use planning. The County Development Plan aims to improve the ecological situation in Dún Laoghaire, and enhance connectivity between small fragmented areas. Within the County Development Plan area and its immediate surroundings, ecological surveys have been completed to identify those habitats which would improve the ecological coherence throughout the entire area. The specific habitats identified include treelines, hedgerows, scrub and woodland, watercourses and semi‐natural areas such as mixed broadleaved woodland, sand dunes and saltmarshes, which were mapped and are shown in the Ecological Network Maps. Suggest that this goes in to the Heritage and Biodiversity section of the County Development Plan. To promote the protection of habitats which, by virtue of their linear and continuous Yes‐ Sections 4.1.3.6, structure (e.g. rivers and their banks) or their contribution as stepping stones (e.g. 4.1.3.7 and 4.1.3.8 ponds or small woods), are essential for the migration, dispersal and genetic exchange of wild species. To work with local communities, groups, landowners, National Parks and Wildlife Yes‐ Section 4.1.3.1 Service (NPWS) and other relevant parties to identify, protect, manage and, where appropriate, enhance and promote sites of local biodiversity value. Ensure that no development, including clearance and storage of materials, takes Yes‐ Section 4.1.3.7 place within a minimum distance of 10‐15m measured from each bank of any river, stream or watercourse in the County Development Plan area. In the event of lighting being proposed along river or canal corridors an Ecological Yes‐ Section 8.2.7.1 Impact Assessment (and where necessary an Appropriate Assessment) including bat and otter surveys shall be conducted by specialists. The recommendations of the specialist studies shall be implemented. No lighting will be installed without prior consultation with the National Parks and Wildlife Service (NPWS) and shall be in line with advances in knowledge into the impact of lighting on bats and other species and also to reflect advances in technology in the lighting industry. Water Supply and Management To require that all development relating to water supply and waste water treatment Yes‐ Section 5.1.1.2 are subject to Appropriate Assessment to ensure there are no likely significant effects on the integrity, defined by the structure and function, of any Natura 2000 sites and that the requirements of Article 6 of the EU Habitats Directive are met. Wastewater To provide adequate wastewater treatment facilities to serve the existing and future Yes‐ Section 5.1.1.2, population of the County, subject to complying with the Water Framework Directive, and the Eastern River Basin Management Plan 2009‐2015 or any updated version of this Section 4.1.3.1 document, Pollution Reduction Programmes for Designated Shellfish Areas, the Urban Waste Water Treatment Directive and the Habitats Directive. Surface Water Drainage To require that a Sustainable Drainage System (SuDS) is applied to any development Yes‐ Section 8.2.9.7 and that site specific solutions to surface water drainage systems are developed, which meet the requirements of the Water Framework Directive and associated River Basin Management Plans. Groundwater Protection To ensure the protection of the groundwater resources in and around the County Yes‐ Section 5.1.1.4 Development Plan and associated habitats and species. MDE1172RP0001A02 10
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Included Within the POLICIES AND OBJECTIVES Final Draft County Development Plan Coastal Protection To have regard to the EU guidance document The Implementation of the Birds and Yes‐ Section 8.2.7.4 Habitats Directive in Estuaries and Coastal Zones (EU 2011) when assessing development in or near coastal areas which is likely to have significant effects on the integrity, defined by the structure and function, of any designated sites, coastal and marine fauna, flora and amenities. Flood Risk Management To require that all proposed flood protection or alleviation works will be subject to Yes‐ Section 5.2.5.2 Appropriate Assessment (AA) to ensure there are no likely significant effects on the integrity, defined by the structure and function, of any Natura 2000 sites and that the requirements of Article 6 of the EU Habitats Directive are met. To implement the Planning System and Flood Risk Management for Planning Yes‐ Section 5.2.5.2 Authorities (DoEHG/OPW 2009) and the National Flood Hazard Mapping (OPW) while referring to the relevant Flood Risk Management Plan (FRMP) for the County Development Plan. To ensure riparian buffer zones are created between all watercourses and any Yes‐ Section 4.1.3.7 development for a minimum of 10‐15m, to militate against flood risk. The extent of these buffer zones shall be determined in consultation with a qualified ecologist and following a Flood Risk Assessment. Any hard landscaping proposals shall be located outside of these buffer zones. Economic Development To ensure that any industry development will be subject to Appropriate Assessment Yes‐ Sections 8.2.2(v), (AA) Screening to ensure there are no likely significant effects on the integrity, 8.2.9.4 and 8.2.7.1 defined by the structure and function, of any Natura 2000 sites and that the requirements of Article 6 of the EU Habitats Directive are met. To require that all development proposals are subject to AA screening to ensure Yes‐ Sections 8.2.2(v), there are no likely significant effects on the integrity, defined by the structure and 8.2.9.4 and 8.2.7.1 function, of any Natura 2000 sites and that the requirements of Article 6 of the EU Habitats Directive are met. Open Space and Recreation It is an objective of the Council to promote the development of the S2S promenade Yes‐ Sections 2.2.7.3 and cycleway. It should be noted that this coastal route will be subject to a feasibility and 4.2.2.7 study, including an assessment of the route options. Any development proposals shall be subject to Appropriate Assessment Screening in accordance with the requirements of the EU Habitats Directive to ensure the protection and preservation of all designated cSAC’s, SPA’s and pNHA’s in Dublin Bay and the surrounding area. Sustainable Travel and Transportation It is an objective of the Council to promote the development of the S2S promenade Yes‐ Sections 2.2.7.3 and cycleway. It should be noted that this coastal route will be subject to a feasibility and 4.2.2.7 study, including an assessment of the route options. Any development proposals shall be subject to Appropriate Assessment Screening in accordance with the requirements of the EU Habitats Directive to ensure the protection and preservation of all designated cSACccSAC’s, SPA’s and pNHA’s in Dublin Bay and the surrounding area. MDE1172RP0001A02 11
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment 2.3 OVERVIEW OF EXISTING ENVIRONMENT 2.3.1 Natura 2000 Sites There are eight Natura 2000 sites situated either within Dún Laoghaire Rathdown or less than 1km off the coast. The following provides a brief description of the location of these sites, and is derived from the Site Synopsis for each site (www.npws.ie). Wicklow Mountains cSAC is a complex of upland areas in Counties Wicklow and Dublin, flanked by the Blessington Reservoir to the west and Vartry reservoir in the east, Cruagh Mountain in the north and Lybagh Mountain in the south. Wicklow Mountains SPA is an extensive upland site, comprising a substantial part of the Wicklow Mountains. Most of the site is in Co. Wicklow, but a small area lies in Co. Dublin. South Dublin Bay & River Tolka Estuary SPA comprises a substantial part of Dublin Bay. It includes the intertidal area between the River Liffey and Dún Laoghaire, and the estuary of the River Tolka to the north of the River Liffey, as well as Booterstown Marsh. A portion of the shallow marine waters of the bay is also included. South Dublin Bay cSAC lies south of the River Liffey in Co. Dublin, and extends from the South Wall to the west pier at Dún Laoghaire. It is an intertidal site with extensive areas of sand and mudflats. Knocksink Wood cSAC is situated in the valley of the Glencullen River, just north‐west of Enniskerry in Co. Wicklow. Ballyman Glen cSAC is situated approximately 3 km north of Enniskerry and straddles the County boundary between Dublin and Wicklow. Dalkey Islands SPA comprises Dalkey Island, Lamb Island and Maiden Rock, the intervening rocks and reefs, and the surrounding sea to a distance of 200 m. Dalkey Island, which is the largest in the group, lies approximately 400 m off Sorrento Point on the Co. Dublin mainland from which it is separated by a deep channel. Rockabill to Dalkey Island cSAC includes a range of dynamic inshore and coastal waters in the western Irish Sea. This site extends southwards, in a strip approximately 7 km wide and 40 km in length, from Rockabill, running adjacent to Howth Head, and crosses Dublin Bay to Frazer Bank in South County Dublin. The site encompasses Dalkey, Muglins and Rockabill islands. In addition there are a further 15 Natura 2000 sites within 15km of the County boundary. These are:‐ Glenasmole Valley cSAC; North Dublin Bay cSAC; Howth Head cSAC; Ireland’s Eye cSAC; MDE1172RP0001A02 12
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment Baldoyle Bay cSAC; Malahide Estuary cSAC; Bray Head cSAC; Glen of the Downs cSAC; Poulaphouca Reservoir SPA; The Murrough SPA; North Bull Island SPA; Howth Head Coast SPA; Ireland’s Eye SPA; Baldoyle Bay SPA; and Malahide Estuary SPA. 2.3.2 Other Natural Heritage Dún Laoghaire‐Rathdown, stretching from the coastal strip along Dublin Bay to the uplands of the Dublin Mountains, contains a wide range of diverse habitats. These include coastal habitats, urban gardens, parks and other areas of managed amenity grassland, woodlands (natural, semi‐natural and commercial), hedgerows, rivers and streams, areas of upland grassland and upland heath and bog. Agricultural and upland habitats are predominant in the southern/south‐western area of Dún Laoghaire‐Rathdown, while urban environments dominate the northern and eastern areas of the County. Natural Heritage Areas (NHAs) are designated due to their national conservation value for ecological and/or geological/geomorphological heritage. They cover nationally important semi‐natural and natural habitats, landforms or geomorphological features, plant and animal species or a diversity of these natural attributes. NHAs are designated under the Wildlife (Amendment) Act 2000. Proposed NHAs in the Plan area include:‐ Booterstown Marsh; Dalkey Coastal Zone and Killiney Hill; Fitzsimons Wood; Loughlinstown Woods; Dingle Glen; and Ballybetagh Bog. In addition to their inclusion within the Natura 2000 network, South Dublin Bay SAC, Ballyman Glen SAC and Knocksink Wood SAC are also designated as pNHAs. 2.3.3 Water Quality Dún Laoghaire Rathdown is located within the Eastern River Basin District (ERBD). The main rivers within the administrative boundary are the Loughlinstown River, the Glencullen River, the Little Dargle River and the River Dodder. MDE1172RP0001A02 13
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment The Loughlinstown‐Coastal catchment is the largest catchment in Dún Laoghaire‐Rathdown comprising the Loughlinstown River and a number of tributaries including the Shanganagh River, Carrickmines Stream and Brides Glen Stream. The Loughlinstown River discharges into Killiney Bay (Figure 3.2). The ecological characteristics of the Loughlinstown River tributaries are as follows: The Shanganagh system is a regionally important salmonid system; The Carrickmines system supports a resident population of Salmo trutta (Brown Trout) and a migratory population of Sea Trout; The Brides Glen stream holds populations of Salmo trutta (Brown Trout) with Lutra lutra (Otter) and Kingfisher present along sections of the stream. The Glencullen River rises on Glendoo Mountain in Dún Laoghaire‐Rathdown and flows to the south east through Glencullen before entering County Wicklow where it merges with the Dargle River, which flows into the sea at Bray in Wicklow. A tributary section of the Dargle flows through the south eastern corner of Dún Laoghaire‐ Rathdown (Figure 3.2). The Dargle is designated and protected as a Salmonid Water under the European Communities (Quality of Salmonid Waters) Regulations 1998 (SI No. 293 of 1988). The River Dodder rises to the south east of the County and flows along the north‐east boundary (Figure 3.2). Several of its tributaries are exceptional in the area in supporting Salmo salar (Atlantic Salmon) and Salmo trutta (Brown Trout). The Little Dargle River, a tributary of the River Dodder flows to the north through Ballinteer where it merges with another stream and continues north where it merges with the Dodder at Rathfarnham, in the north west of the County, before discharging into Dublin Bay (Figure 3.2). The status of these rivers within Water Framework Directive categories is detailed in Table 2.22. Table 2.2 – Rivers flowing through Dún Laoghaire ‐ Rathdown Catchment Area (EPA and WFD Status Report 2007 ‐ 2009) Macro Physico‐ Invertebrate Ecological Overall Risk Overall Rivers Chemical Status Status Result Objective Status Loughlinstown (Main Channel) Poor Moderate Poor 1a – At Risk Restore ‐ 2021 Carrickmines (Trib of Loughlinstown) Moderate Good Moderate 1a – At Risk Restore ‐2021 Shanganagh (Trib of Loughlinstown) Moderate Good Good 1a – At Risk Protect 2a – Probably Glencullen Good Good Good Not At Risk Protect Dodder Lower Poor Moderate Poor 1a – At Risk Restore ‐ 2027 MDE1172RP0001A02 14
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment In terms of achieving the WFD’s objectives by 2015, all of these rivers, apart from the Glencullen River, are currently classified by the EPA as being (1a) at significant risk of failing to achieve the WFD’s objectives by 2015. There are three streams within the County that discharge directly to the South Dublin Bay cSAC and South Dublin Bay and River Tolka Estuary SPA. These are the Booterstown Stream, Priory Stream and Carysfort Maretimo/ Brewery Stream. Booterstown Stream ‐ No baseline information is available for this short and narrow watercourse. The Booterstown Stream discharges into Booterstown Marsh, a brackish habitat due to freshwater stream inputs (Figure 3.2). The marsh is an important habitat for birds along the coastal area; Carysfort Maretimo Stream ‐ Originates in Three Rock Mountain, flowing across the heavily urbanised areas of Sandyford, Leopardstown and Stillorgan before finally discharging into the sea at Blackrock (Figure 3.2). The Environmental Report carried out as part of the Carysfort Maretimo Stream Improvement Scheme (June 2011) found that there was no evidence of fish or invertebrate species of conservation importance within the stream; all species found within the stream were identified as common. The river is not known for populations of salmon, trout or lamprey as significant culverting has made it unsuitable for many fish species; and The Priory Stream which rises in the Kilmacud area and makes its way to sea at the Old Blackrock Baths site, mostly in culvert. As a result the watercourse would not be suitable for populations of fish species (Figure 3.2). 2.3.4 Hydrogeology While it is recognised that coastal and riverine habitats within the County boundary are vulnerable to impact arising from developments, it is worth examining the more groundwater dependant Natura 2000 sites located inland, namely Knocksink Wood cSAC and Ballyman Glen cSAC. See descriptions below: Knocksink Wood cSAC ‐ A wooded valley cut through calcareous glacial drift, with the fast flowing Glencullen River flowing west to east through it. Vegetation types include broadleaf deciduous woods, including wet woodland near the river, heath and a number of tufa – forming springs and seepage areas. Intersects the County boundary at Glencullen covering a 63m2 area (Figure 3.5); Ballyman Glen cSAC ‐ A small glen cut through calcareous sands and gravels, with a tributary stream of the Dargle river flowing west to east through it. The site is notable for the presence of many petrifying springs, for alkaline fen and for wet woodland. It is vulnerable to nutrient run‐ off and over extraction of water locally. A section of this Natura site intersects the County boundary south of Ballyman covering a 71m2 area (Figure 3.6). Policies and objectives are in place to control adjacent land uses to ensure prevention of pollution. MDE1172RP0001A02 15
Draft Dún Laoghaire – Rathdown County Development Plan 2016‐2022 Screening for Appropriate Assessment 2.3.5 Water Supply and Wastewater Facilities As of January 2014, Dún Laoghaire‐Rathdown County Council no longer has any direct control in relation to the provision of Water or Wastewater Services in the County. The delivery and integration of projects and facility improvements is now the responsibility of the newly established State body ‘Irish Water’. The County Council will work closely with Irish Water to ensure that the County Development Plan and ‐ in particular the Core Strategy ‐ continue to align with both the National Spatial Strategy and the Regional Planning Guidelines and that the provision of water/wastewater services will not be a limiting factor in terms of forecasted growth. Protection and enhancement of the built and natural environment throughout the County is ensured by providing a range of high quality and efficient water supply and wastewater facilities. The delivery and maintenance of this infrastructure is also paramount to the continued sustainable development and economic growth of the County, in line with national and regional designations and targets. Since 2010, significant progress has been made in the delivery of water services infrastructure serving the County including: The opening of the Shanganagh Wastewater Treatment Works; The opening of the Sandyford High Level Water Supply Scheme; and The completion of the Glencullen water supply and improvement scheme. The Old Connaught/Woodbrook Water and Sewerage Schemes are considered critical to servicing the south of the County (and north Wicklow). There are still major water and wastewater infrastructural shortcomings in existence with these schemes. The Council intends to work with Irish Water to address the region’s water and wastewater infrastructural shortcomings in the south of the County to facilitate development potential of Old Conna, Woodbrook, Shanganagh, Rathmichael and Fassaroe (County Wicklow). It is noted that two significant water / wastewater projects are underway in the adjoining counties. These are the Water Supply Project Dublin Region, which is addressing a new water supply for the Greater Dublin Region; and the Greater Dublin Drainage Project which is developing a new wastewater treatment plant to service the Dublin Region. Both these projects have previously undergone SEA and AA and have now moved from plan to project level. They are both in the preliminary design stage and will be the subject of both an EIS and AA. 2.3.6 Surface Water Management / Flood Protection Dún Laoghaire‐Rathdown is vulnerable to adverse effects from changes in the occurrence of severe rainfall events and associated flooding of the County’s rivers combined with small changes in sea level. Much of the flooding in the County occurs during adverse weather conditions along with the presence of debris and land use changes increasing the risk of flooding. The locations of the most significant recent flooding events in the County are accessible from the OPW’s National Flood Hazard Mapping website. Clusters of flood events occur at the mouth of the Loughlinstown River at Ballybrack. Flood events at the south east of the County occur along a MDE1172RP0001A02 16
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